Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: CS No.2145-23
VIJAY SHARMA AND ANR Vs. LATE SANJAY
30.05.2024
Present: None for plaintiff.
Ld. proxy counsel for LRs of defendant.
Matter is at the stage of completion of pleadings.
Sh. Jitender Kumar, ld. proxy counsel for defendant does not even
know who he appears for. He states that he appears for Sanjay, however, the said
person has already expired, therefore, it appears that Mr. Kumar, ld. counsel has
appeared without any sort of preparation at all. Such practice is extremely
deprecated by this Court and such appearance shall not be allowed.
Plaintiff has also failed to appear.
From perusal of the file, it appears that application under Order
XXXIX Rule 1 and 2 of CPC filed by the plaintiff was allowed on the last date of
hearing i.e. 23.03.2024. It appears that written statement has not been filed by the
LRs of defendants despite service upon them on 27.01.2024. The stipulated
period provided under CPC for filing the written statement has already lapsed.
Therefore, right of defendants to file written statement stands closed.
Be put up for plaintiff’s evidence, on 28.08.2024. Evidence
affidavit be filed within two weeks from today. Plaintiff is directed to remain
present on the next date of hearing.
Bharat Aggarwal
CJ-08 (Central)
30.05.2024/Delhi
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